CA3-00897

CA3-00897

The panel found the claimant's incidents amounted to isolated harassment rather than persecution and his failure to seek asylum in the United States undermined his subjective fear; accordingly there was no serious possibility of persecution for a Convention ground and no risk to life, cruel and unusual treatment or torture on return, so the claimants are not Convention refugees nor persons in need of protection.

Citation
CA3-00897
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Spouse/co Claimant: XXXXX XXXXX XXXXX XXXXX; Child/minor Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant's Counsel: Dorothy Fox; Refugee Protection Officer: K. Peterson; Designated Representative: XXXXX XXXXX XXXXX; Decision Maker/panel Member: Benjamin Ayorech; Respondent/minister's Counsel: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 September 2004
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision on Claim Following Hearing
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Refugee Protection, Convention Refugee, Political Opinion, Particular Social Group (family), Risk to Life, Cruel and Unusual Treatment, Torture, Harassment, Indiscriminate Harm, Sojourning
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Convention Refugee Political Opinion Particular Social Group (family) Risk to Life +5 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Spouse/co Claimant

XXXXX XXXXX XXXXX XXXXX

Child/minor Claimant

Dorothy Fox

Claimant's Counsel

K. Peterson

Refugee Protection Officer

XXXXX XXXXX XXXXX

Designated Representative

Benjamin Ayorech

Decision Maker/panel Member

Minister

Respondent/minister's Counsel

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision on Claim Following Hearing

Legal Issues

  1. 1 Whether claimant has a well-founded fear of persecution for a Convention ground (political opinion) in Venezuela
  2. 2 Whether claimant's spouse and children qualify as members of a particular social group by family membership
  3. 3 Whether removal would subject claimants to risk to life or cruel and unusual treatment or torture

Ratio Decidendi

The panel found the claimant's incidents amounted to isolated harassment rather than persecution and his failure to seek asylum in the United States undermined his subjective fear; accordingly there was no serious possibility of persecution for a Convention ground and no risk to life, cruel and unusual treatment or torture on return, so the claimants are not Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee protection claims of XXXXX XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX XXXXX, XXXXX XXXXX XXXXX XXXXX and XXXXX XXXXX XXXXX XXXXX are rejected